The LHD/ERISA Advisor - October 2021

Hinshaw's LHD/ERISA Advisor remains committed to bringing you recent legal developments that may guide your life, health, and disability litigation strategy and claims decisions.

In this edition, we cover a recent DOL Information Letter that provides guidance under ERISA's regulations on producing an audio recording or transcript of calls between claimants and claim administrators. We also review a multitude of case decisions that include an AD&D policy determination stating an amputation was not an accident, a denial of LTD benefits due to a failure to establish functional limitations, ERISA exhaustion requirements not satisfied through verbal appeal, an interpretation of contractual limitations period, and a barring of the use of equitable estoppel when it contradicts a plan's express terms.

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